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Defamation Per Quod Law and Legal Definition

Defamation Per Quod is a defamation that is either a. not apparent and requires extrinsic evidence to prove its injurious nature; or b. is apparent but is not an actionable per se statement.

Per quod is a Latin term, meaning ‘whereby.’ It is used to illustrate that the existence of a thing or an idea is on the basis of an extrinsic circumstances that is not explicit. Therefore, defamation per quod refers to a defamation that is not apparent on its face, and extrinsic facts are required to explain its defamatory meaning.

With Defamation per quod, the plaintiff has to prove actual monetary damages, as compared to defamation per se where the damages are presumed.